Justice Essien: ‘I didn’t Refuse Prof Ogundipe's Ex-Parte Motion’
Justice J.I. Essen of the National Industrial Court reacted to a news report that he refused an ex-parte motion filed by Prof Oluwatoyin Ogundipe, who was 'removed' as University of Lagos Vice Chancellor.
The Judge spoke, while hearing applications for the formal withdrawal of two suits filed by parties to the Vice Chancellorship controversy in the university.
"I was surprised when a colleague of mine drew my attention to the news, that I had heard this motion and refused it. The situation is very bad, because it is a misrepresentation of court proceedings." Ogundipe who has now been suspended by President Muhammadu Buhari, had earlier complained to the court through his counsel Messrs Tayo Oyetibo, SAN and Ebun-Olu Adegboruwa, SAN, that some newspaper publications quoted one of the Defendants in the suit, as their source of information.
"My Lord we are greatly disappointed in the newspaper publication last week that my lord had refused this motion which never come up before this court", the Claimant’s counsel said.
The Judge, in response, noted that if he had sat on the matter, he "would have done substantial justice to the case", being a Professor of Law who left teaching to become a judicial officer.
He urged UNILAG authorities to resolve the controversy amicably, adding that controversy “is not good for the image of a university”.
One of the suits was filed by Ogundipe, to challenge his removal by the Governing Council then under the chairmanship of the Pro-Chancellor of the University, Dr Wale Babalakin, SAN.
The other was filed by the UNILAG Senate to challenge Ogundipe's removal, and his replacement with Prof. Theophilus Soyombo by the Governing Council.
Oyetibo applied for the withdrawal of Ogundipe's suit, while Prof. Taiwo Osipitan, SAN applied for the withdrawal of the Senate's suit.
There was no objection by Mr Tola Oshobi, SAN, who represented Babalakin in both cases, following which Justice Essien struck out both suits.
The Judge said he was glad that the parties elected to withdraw the suit, thereby saving him from having to make pronouncements which would have generated media reactions.